Legal Opinion

Barnes v. United States

District of Columbia Court of Appeals

Decided July 29, 1987No. 86-499PublishedCited by 15 opinions

1Opinion of the Court

NEBEKER, Associate Judge:

This appeal, from a denial of a motion to “reduce/correct” appellant’s sentence, presents the question whether a conviction which has previously been “set aside” under 18 U.S.C. § 5021 (1982 & Supp. Ill 1985) may be considered in imposing sentence. We hold that it may, despite the due process challenge leveled at it.

Appellant Barnes pleaded guilty to involuntary manslaughter as a lesser-included offense of the crime of involuntary manslaughter while armed with a dangerous weapon, D.C.Code §§ 22-2405 (1981), -3202 (1986 Supp.), for which he was indicted. According to…

2Cases cited17 opinions

  1. United States v. TuckerSupreme Court of the United States · 1972
  2. John Doe v. William H. Webster, Director, FbiCourt of Appeals for the D.C. Circuit · 1979
  3. Tuten v. United StatesSupreme Court of the United States · 1983
  4. United States v. Duane Thomas McMainsCourt of Appeals for the Eighth Circuit · 1976
  5. United States v. John DoeCourt of Appeals for the Sixth Circuit · 1977

12 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. United States v. WackerCourt of Appeals for the Tenth Circuit · 1995
  2. United States v. Anthony Maurice McDonaldCourt of Appeals for the D.C. Circuit · 1993
  3. United States v. Philip Scott AshburnCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Bernard S. LeviCourt of Appeals for the D.C. Circuit · 1995
  5. United States v. Reco Vondell JohnsonCourt of Appeals for the D.C. Circuit · 1994

10 more not listed; retrieve them via the Exa API.

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